Minutes for February 26, 2008
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DRAFT
BAREFOOT BAY RECREATION DISTRICT
Board of Trustees
Meeting
Tuesday, February 26, 2008
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held regular meeting on February 26, 2008 in Building D&E, Barefoot Bay, Fl. Chairperson Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Weglein read a piece about George Washington, noting he received every electoral vote under the New Constitution. Ms. Weglein requested prayer for soldiers abroad and veterans who have served their country.
Pledge of Allegiance
Ms. Weglein led the Pledge of Allegiance to the Flag.
Ms. Crouse called the roll. All Trustees were present. Mr. Repperger was present as counsel.
Approval of Minutes
Ms. Weglein entertained for a motion to approve the minutes of February 8, 2008. Mr. Farrell made a motion to accept the minutes. Second Mr. Peet. Motion carried unanimously.
Treasurer’s Report
Mr. Guinther read the treasurer’s report. (Attached for reference.) On February 8th the SBA transferred money from the “B” pool” to the “A” pool providing more liquidity for District funds. Mr. Guinther checked payroll figures per Ms. Crouse’s request; average payroll with taxes is between $54,000 and $58,000. Mr. Peet made a motion to accept the Treasurer’s report. Second Mr. Klosky. Motion carried unanimously. Mr. Guinther discussed the quarterly report comparison he had compiled. Ms. Weglein reported the District received a FEMA check for $246,441.11 for the pier. Mr. Guinther made a motion to deposit $150,000 of the FEMA check into the money market account. Second Mr. Farrell. Mr. Repperger reminded the Board that by resolution SBA account 111032 will be immediately reimbursed $150,000 upon receipt of the FEMA funds. Mr. Repperger said the Board could consider other options after that. Mr. Guinther rescinded his motion; Mr. Farrell rescinded his second.
Audience Participation (Agenda Items Only, 3 minutes Maximum)
Jeanne Osborne hoped the Board would put the Golf building back on the golf course. She is concerned about the lighting in the golf course parking lot.
Dale Page expressed concern about Code Enforcement. He expressed interest in the content of the meeting Ms. Weglein and Mr. Repperger had with Representative Poppell. Responding to his concerns regarding Board motions, the Recording Secretary gave Mr. Page current motions lists.
Unfinished Business
FEMA 6060: Mr. Brandewie stated originally the site place called for a building 50x80 feet for an estimated cost of $250,000 to $312,000. A building 50x60 feet could include a porch overhang to cover equipment; it would use the same site plan and grading work, and would bring the cost down to approximately $250,000 to $275,000 with some FEMA reimbursement. Another alternative is to go with a smaller building which necessitates additional site plans for about $15,000. The smaller building would not adequately house the golf equipment. The fourth option is to start work, pour the pad, install utilities with available money and erect the building next fiscal year. Mr. Brandewie recommended the 50x60 building with an office and restrooms. Mr. Brandewie suggested contacting Frazier Engineering to perform minor plan modifications; Brevard County charges a $400 permit resubmission fee. Mr. Brandewie suggested one source of funding for the project might be to refinance Barefoot Bay Recreation District bonds. Mr. Bleau contacted another vendor for a metal building that cost 35’x60’ complete for $39,551 installed. The price does not include fill dirt or site prep. Mr. Brandewie said FEMA would contribute $49,000 to the larger improvement project.
Mr. Farrell made a motion to authorize the District Manager to go out to bid with the [Frazier] plans, develop a funding proposal, and bring it back to the Board. Second Mr. Peet. Mr. Repperger commented on language that should be in the rfp: 1. bidding entities know they may not be selected; 2. the District may authorize not to proceed with the project. Motion carried unanimously.
Golf Course Parking Lot lights: Ms. Weglein commented residents trip over the cement parking stoppers. Mr. Allan suggested removing the stoppers and repainting the parking spaces. Mr. Guinther suggested halogen lights would be brighter. The Board requested that Mr. Brandewie find grants and rebates for solar installations. Mr. Ferris said there should be lights at the RV lots.
New Business
Barefoot Bay Laundries LLC: Mr. Repperger commented the Board can approve the assignment of the five year lease or renegotiate. Mr. Ferris made a motion to approve reassignment. Second Mr. Bleau. Motion carried unanimously.
DOR Enforcement
CEB #626-12-06 818 Lychee Dr. Mr. Allan made a motion to reduce the fines in this case to actual costs of $159.93 Second Mr. Peet
Mr. Peet Yes Mr. Bleau No Ms. Crouse Yes Motion carried 6-3
Mr. Farrell Yes Mr. Allan Yes Mr. Guinther Yes
Mr. Klosky No Mr. Ferris No Ms. Weglein Yes
Mr. Repperger commented there has never been a judicial determination saying the fining is illegal or unconstitutional. The issue is not invalid unless a court says it is and Resolution 2006-1 has not been tested. Resolution 2008-1 corrects the ills of the past and moves forward. The Board of Trustees is the ultimate authority to enforce the Deed of Restrictions.
Mr. Ferris commented on a resident complaint under Article 3, Section 5 of the Deed of Restrictions. In a second issue, Mr. Ferris asked who signs off on liens. In the Hardi-board case, the ARCC approved the use of Hardi-board, and the lien in the case was not removed. Mr. Repperger commented that in Resolution 2008-1, Section 11, the Board is able to hold a quasi-judicial hearing to determine if there is a violation.
Mr. Repperger commented that Representative Poppell had some concerns with expanding the Board’s authority such that it can use Chapter 162 because the counties and municipalities will frown on it for a special district. Mr. Repperger said it might do better as a local bill on a referendum vote.
Mr. Repperger commented that the District has received a Request for Documents requesting Code Enforcement records going back five years that may be a prelude to a class action lawsuit.
Mr. Guinther asked Mr. Repperger if there was a solution to the DOR enforcement problem and a way to move on. Mr. Repperger said the Board, in enacting Resolution 2008-1, has done what it can for the moment to fix the problem moving forward. Staff will have to review every single case for 5 years in light of the Request for Documents to determine the level of exposure.
Toro Irrigation System 5-year contract: Previously Toro had one-year contracts renewed annually; the company presented a 5 year contract for $7,500 paid in annual increments of $1,500. Mr. Allan made a motion to accept the Toro five year contract. Second Mr. Bleau. Mr. Repperger commented the new contract needs to contain language that says the Board does not waive any right it may have under sovereign immunity. Motion carried unanimously.
RFQ for District Engineer: The District Engineer will be an advisor to the Board of Trustees at no cost until the Engineer’s services are used. Mr. Bleau made a motion to authorize the Community Manager to release an RFQ soliciting a District Engineer. Second Mr. Allan. Motion carried unanimously.
Community Manager
Mr. Brandewie said during his first week he set up a recurring department head meeting and met with all the department heads; attended ARCC and Violation Committee meetings; toured and reviewed District facilities; interviewed employees, and dealt with personnel issues. Mr. Brandewie said he will prepare maintenance items relative to insurance issues for Board review. SDS has submitted a progress report. Budget and accounting concerns are moving forward.
Ms. Weglein reminded the Board agenda items for the March 14th meeting must be in the office by Thursday, March 6th. According to the SDS contract, the agenda must be sent to the Board 7 days before a meeting.
Attorney’s Report
Mr. Repperger presented a copy of Ordinance 08-03, the Charter changes passed by the Brevard County Board of County Commissioners. The legal office will now work with the Supervisor of Elections office to ensure the changes are reflected in the November election. House Bill 795 relates to special districts. House Bill 991 relates to public participation at public meetings. Grace Daddario’s latest unemployment compensation appeal was denied. Mr. Repperger will speak with Luke Miorelli PA on the Frazier Engineering/weir issue and present a report at the next meeting.
Ms. Weglein wrote a letter to be sent to congressmen in support of Commissioner Voltz’s attempt to secure grant money for a water plant proposed to be built on the 40 acres in the NW section of the County. Brevard County requests permission to bring their trucks through the RV lot adjacent to the 40 acres. Since the County won’t be using the whole 40 acres, they’ve offered to give the District another RV lot which they will prepare. Mr. Guinther made a motion to authorize Ms. Weglein’s letter be sent. Second Mr. Farrell Motion carried unanimously.
Trustee Liaisons:
Mr. Peet reported the ARCC approved 9 permits and rejected one. 14 inspections were completed. Ken Austin secured two additional bids to remove Australian pines. Mr. Repperger wrote letters to the land owners seeking permission and waivers.
Mr. Klosky requested a workshop March 25th relating to the Trustees’ Policy Manual to begin at 5 p.m. and precede the regular Trustees meeting at 7 p.m. in Building D&E. The Board gave consensus. Mr. Klosky will give Mr. Austin a list of expired tags in the RV lots. Certain vehicles should be removed as not being roadworthy. Anyone who will not sign the RV agreement will vacate the lot. The south and east sides of the Micco lot are not lighted. Mr. Klosky notified FP&L. Mr. Farrell asked about security cameras. Mr. Brandewie said there is a list of maintenance issues in combination with some of the safety issues the District should be working on. After the Board sees the list, Mr. Brandewie will establish priorities with the Board’s feedback and print work orders. Mr. Klosky commented on the upcoming Ethnic Festival and that there will be music at the Festival and at the Street Dance later in the afternoon.
Mr. Allan reported the Violations Committee, through their attorney, requested specific direction concerning Resolution 2008-1. Ms. Weglein asked Mr. Brandewie to put together a plan relating to how the Violations Committee can get from 7 members to 5. Mr. Repperger commented on the letter received from Karl Bohne, Attorney for the Violations Committee.
Mr. Ferris commented the Health Department shut down Pool 3 because the new agent used to conduct chlorine tests caused the chlorine read to be too high. A drain was replaced and ladders tightened up. Mr. Ferris commented on the Lounge stucco project.
Ms. Weglein commented soliciting, however good the cause, must be done in the stores and not in the Lounge, et cetera, which is a District building. Meeting cancelled signs are not enough; clubs need to notify the calendar person and release the space so someone else can use it. Five people have contacted Ms. Weglein about the Long Range Planning Committee.
Ms. Crouse reported on the Homeowners' Association. The general meeting will be Tuesday, March 11th.
Mr. Guinther complimented the Maintenance crew that sealed the pavers at Pool 1; they saved the District quite a lot of money.
Mr. Brandewie commented Arnold A/C performed inspections at Building A. A leak required 60 pounds of R22 which they repaired for $960. The District requested detailed documentation of the procedures. Mr. Farrell asked about defibrillators. Ms. Weglein responded the District may not piggy-back on Brevard County’s contract with their supplier; she will consult with Mr. Brandewie. Mr. Guinther investigated defibrillators at the 3 pools; the pool hosts assured him the defibrillators are modern and in good shape.
Audience Participation
Tony Cuccinelli requested smokers be asked to smoke at least 30 feet from the main doors of the Lounge since the smoke is sucked inside every time the door opens.
Ray Rogers thanked the Board for action on the Australian pines. He dislikes the “hold harmless” clause in the permission letter. Mr. Repperger said he could strike the “hold harmless” language in the letter and initial the strike out.
Judy Valvano made a proposal to help a friend who is gravely ill by putting collection jars in the stores in the Shopping Center.
Adjournment
Ms. Weglein entertained a motion to adjourn. Mr. Farrell made the motion to adjourn. Second Mr. Klosky. The meeting was adjourned at 9:38 p.m.
Louise Crouse, Secretary Barrie Jenkins, Recording Secretary
THIS DRAFT OF MINUTES HAS NOT BEEN APPROVED BY THE BAREFOOT BAY RECREATION DISTRICT BOARD. IT IS SCHEDULED FOR APPROVAL DURING THE NEXT MEETING.
PHONE: (772) 664-3141
FAX: (772) 664-1928